court’s decision if it fails to submit some of the
documents to the administrative court relevant to
decision-making.
#4 The Law on Local Elections (amending Article 54,
paragraph 1) and the Law on the Election of
Members of Parliament should be harmonized, so
National
that in local elections the deadline for filing Assembly, local
complaints with the Administrative Court is
electoral
extended to 48 hours from the delivery of the commissions
decision, as already provided for in Article 97 of the
Law on the Election of Members of Parliament.
M
S
# 5 Amend the provisions of the Law on Prevention
of Corruption in order for the ACA to commit to
publish its decision on the official website of the
ACA within 24 hours of its adoption in the
procedure for violating the Law on Prevention of
Corruption, i.e., when deciding on an application
related to violations of the provisions of the election
campaign. An identical obligation already exists in the
Law on Financing Political Activities.
H
S
*
Low
5.3.
ACA
Medium
High
Legal remedies and sanctions and enforcement of decisions
Legal remedies must be known in time, before the election process and at the end of the
process there must be mechanisms to ensure their safe execution. Only with remedies defined
in this way can there be any word of a credible and efficient of election dispute resolution
process.
Recommendation
Institution
Prioritization
Time
frame
#1 Consider and implement participatory, systemic,
and coherent reform of the Criminal Code in the
part treating crimes against suffrage (Chapter 15,
Criminal Offenses Against Electoral Rights).
Ministry of
Justice, the
prosecutor’s
office, State
Prosecutorial
Council
H
M
#2 Change the Article 155, paragraph 2 from the
existing solution ‘Whoever, by use of force or
threat, coerces another in an election, impeachment
vote, or referendum, to exercise or not to exercise
Ministry of
Justice, the
prosecutor’s
office, State
H
S
84